Environmental Law

More APPS Convictions

By Walter James

On October 16, 2007, Mark Humphries, the chief engineer of the M/V Tanabata, was found guilty of: 1) conspiring to violate four different laws (making illegal discharges of oil-contaminated bilge waste, in violation of the Act to Prevent Pollution from Ships (?APPS?); failing to fully maintain an oil record book in violation of the APPS; making and using materially false documents; and obstruction of agency proceedings); and 2) two counts of

making materially false statements to the Coast Guard in 2002 and 2003. Humphries was found not guilty of one count of destruction of evidence. Humphries was chief engineer of the M/V Tanabata between April 2002 and September 2003. Humphries alternated shifts with another chief engineer, co-defendant Stephen Karas. Karas pleaded guilty to similar charges on March 29, 2007.

The M/V Tanabata is an American-flagged car-carrier ship based in Baltimore, MD, and was operated by Pacific Gulf Marine, Inc. (?PGM?). PGM had earlier pleaded guilty and was sentenced on January 27, 2007, to charges of making illegal discharges of oil-contaminated waste from each of four ships managed by the company.

At trial, the government offered evidence that the M/V Tanabata had a removable bypass pipe or ?magic pipe? that was used to discharge oily waste without the use of an oily-water separator. Discharges were then falsely recorded as having been processed through the separator in the ship?s oil record book. Testimony was elicited at trial that Humphries referred to the bypass pipe as the ?illegal pipe.? The evidence also indicated that the bypass pipe was hidden when the ship was in port so that it would not be discovered by the Coast Guard.

Sentencing has been set for January 10, 2008. Humphries faces a maximum of five years in prison and a $250,000.00 fine for each count.

More later.

As always, feel free to give me a call or e-mail me at walter.james@jamespllc.com.

WDJiii

Full post as published by Environmental Crimes Blog on October 17, 2007 (boomark / email).